Right to ask a court to stop a sale for Homeowner Bill of Rights violations
Cal. Civ. Code § 2924.12(a)(1)–(2), (b)
In plain words
Most California foreclosures happen outside court, but you can sue to stop one. Before the trustee’s deed is recorded, a borrower may ask a court for an injunction for a material violation of key Homeowner Bill of Rights rules, such as dual tracking. The sale stays stopped until the court finds the violation was fixed. After the sale, you may be able to seek damages instead.
Who is protected
Borrowers on first-lien loans on owner-occupied 1–4 unit homes in California.
When it applies
- Only in California.
- Only after a notice of default or once a sale date is set.
- Only if the home is your primary residence.
What you can do
Get ready for court
Gather your application, the servicer’s letters and the notices, and ask legal aid about filing for a temporary restraining order.
Deadline: Before the sale — ideally weeks before
Open the toolCompare your options
Compare an injunction with reinstatement, a loan modification or bankruptcy.
Open the toolRead the California guide
Our California page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- Only material violations of the listed sections count, and the court can end the injunction once the violation is corrected.
- Courts often require a bond or other conditions for an injunction.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawHBOR injunction and damages
Cal. Civ. Code § 2924.12(a)(1)–(2), (b)
Exact part: (a)(1)–(2), (b)
What it says: Before the trustee’s deed is recorded, a borrower may seek an injunction for a material violation of listed HBOR sections.
Read the official texthttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2924.12 - State lawDual-tracking ban
Cal. Civ. Code § 2923.6
What it says: Limits recording a notice of default or sale while a complete loan-modification application is pending.
Read the official texthttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=2923.6
Court cases
- Homeowner wonCited for this rightYvanova v. New Century Mortgage Corp.
Yvanova v. New Century Mortg. Corp., 62 Cal. 4th 919 (2016)
a borrower may bring a post-sale wrongful-foreclosure claim by alleging that the assignment to the foreclosing party was void
- Partial winCited for this rightGlaski v. Bank of America
Glaski v. Bank of Am., 218 Cal. App. 4th 1079 (2013)
a borrower may challenge an assignment of the loan that is void, including a late transfer into a securitized trust
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicLage v. Ocwen Loan Servicing LLC
Lage v. Ocwen Loan Servicing LLC, 839 F.3d 1003 (11th Cir. 2016)
a servicer's duty to evaluate a loss-mitigation application depends on its being submitted more than 37 days before the sale date scheduled at that time
- Homeowner lostSame topicGresham v. Wells Fargo Bank, N.A.
Gresham v. Wells Fargo Bank, N.A., 642 F. App'x 355 (5th Cir. 2016) (per curiam) (unpublished)
the federal dual-tracking bar applies only when the servicer receives a complete loss-mitigation application more than 37 days before the foreclosure sale
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicWhittier v. Ocwen Loan Servicing, L.L.C.
Whittier v. Ocwen Loan Servicing, L.L.C., 594 F. App'x 833 (5th Cir. 2014) (per curiam) (unpublished)
a RESPA claim against a servicer fails without evidence of actual damages caused by the violation
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
Related rights
Right to contact, a notice of default, and at least 3 months before a sale notice
Cal. Civ. Code § 2924(a)(2)–(3)
Before a notice of default is recorded, the servicer must contact you (or try hard to) to talk about options, then wait 30 days. After the notice of default is recorded, at least three months must pass before a notice of sale can be given. The notice of sale must then be mailed, posted and published at least 20 days before the sale.
Read this rightRight to catch up (reinstate) until 5 business days before the sale
Cal. Civ. Code § 2924c(e)
In California you can stop a trustee sale by paying the past-due amount plus allowed fees and costs. You do not have to pay off the whole loan. The right starts when the notice of default is recorded and lasts until five business days before the sale date. If the sale is postponed more than five business days, the right comes back.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightFHA loans: a meeting before foreclosure
24 C.F.R. § 203.604(a)(1)
If you have an FHA-insured mortgage, your lender must meet with you — or make a reasonable effort to arrange a meeting — before three full monthly payments are unpaid and at least 30 days before starting foreclosure. A reasonable effort means at least two verifiable attempts to contact you. HUD now decides how the meeting may be held.
Read this rightFHA loans: the lender must look at ways to avoid foreclosure
24 C.F.R. § 203.605(a)
If you have an FHA-insured mortgage, your lender must review loss-mitigation options every month before four full payments are unpaid, and take the appropriate action. FHA options can include special forbearance, loan modification, a partial claim (an interest-free second loan from HUD to cover arrears), a pre-foreclosure sale, or a deed in lieu.
Read this right